My son’s i94 expired due to short passport validity

Hi Anil,
We entered the US after h4 visa stamped from India. My son got the immigration stamp at port of entry till his passport’s validity and now he has new Indian passport.

He has valid visa stamping and both parents have valid i94. Can he stay on with this status and go out to India and be back without a issue?

I have travel plans only for next year. We have valid visa stamping till Jan 2021.

So not planning on going for visa stamping. My friends say that carrying both new and old passports shouldn’t cause any prob. Please advise.

Hi @Selvam-2k

Whatever advise you have got from your friend is absolutely wrong.

Your son’s stay in US after i94 expiry is counted as ‘unlawful presence’ unless an H4 extention application has been filed before i94 expiry and is pending result.

If one stays in US in ‘unlawful presence’ status for 180 days, you are automatically banned for 3 years from entering US.

I strongly suggest to visit any of the US border and get a new i94 as early as possible. Do NOT wait.

You will have to disclose and explain the reason of this stay beyond i94 expiry in all future visa applications too.